What is the role of a company secretary?

If you are going to take on the role of company secretary it is important that you understand the legal consequences of this. The Companies Act contains 150 offences that you must be aware of, as you are in effect your enterprises chief administrative officer and therefore responsible for complying with all these rules.

You don’t have to have any formal qualifications to be appointed a company secretary. If you are not certain about your role and responsibilities as company secretary, contact a company solicitor for legal advice. Note that if you are currently your company’s auditor or you are bankrupt, you cannot become a company secretary. If you are uncertain if you are eligible to become a company secretary, you can ask a company solicitor.

Some smaller companies use a third party as their company secretary, such as a company solicitor. But remember, your auditor can’t act as your business’s secretary as this is illegal under the Companies Act.

The main responsibility of the secretary is to file their business’s annual accounts with Companies House. You may also have to file other documents including the directors’ report if your company’s turnover is more than £6.5m, the statements of your business’s liabilities and your audit report. In addition, you will be responsible for filing resolutions passed by your company’s shareholders at general meetings. These and the other documents you are responsible for must be filed within the relevant time limits. A company solicitor can advise you of these and ensure they are filed on time. In addition, they can provide legal advice if you fail to file a document or of you miss the filing deadline.

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